Case Notes
August 02, 2014
Discussion of an interesting case from New York
Workplace Bullying
August 02, 2014
There is currently no law, either at the federal or the state level, targeted to fight workplace bullying. Thus, the laws available to victims of bullying are the traditional protections against harassment and discrimination based on membership in some protected category.
Further Precedent Supporting the Retention of CROs
August 02, 2014
A recent decision in the United States Bankruptcy Court for the Central District of Illinois is part of a growing trend of opinions and orders around the country allowing a debtor to retain a chief restructuring officer (CRO) under sections 105(a) and 363(b) of the Bankruptcy Code, rather than section 327(a) of the Bankruptcy Code.
Immigration Status
August 02, 2014
To provide clarity to employers as to permissible questions that may be posed to prospective employees, the authors list the most common questions that corporate clients ask ' and provide recommendations.
Employee Departures and Data Loss
August 02, 2014
There are numerous ways to lose or fail to identify employee electronically stored information that could reasonably be relevant to litigation or a subpoena, and it seems that new sources appear regularly.
<b><i>Practice Tip:</b></i>Divorce: The Silver Lining
August 02, 2014
Divorce rates are on the rise as the U.S. economy slowly improves and rebounds from the recession. While some may view a rise in divorce as a negative statistic, there is a positive corresponding impact: Separating couples actually help further improve the economy. This applies not only to divorce lawyers' bottom line, but also to the real estate and consumer markets and our labor force.
Imputed Income: A Look at What Courts Find Persuasive
August 02, 2014
In determining spousal maintenance and child support awards, historical and current income do not provide the full picture and, alone, cannot form the basis for support awards. In those cases, courts have the discretion to impute income to one or both of the parties.
Longer Medical Leave?
July 02, 2014
It's a mistaken assumption that if an employee has exhausted all his or her time under the Family and Medical Leave Act, he or she is not entitled to additional leave under the Americans with Disabilities Act.
Changes to Mental Disorders
July 02, 2014
The Patient Protection and Affordable Care Act (ACA) is not the only health-care challenge facing employers. Recent medical disease reclassifications are affecting a large portion of America's workforce, and the long-term impact is proving difficult to predict.